Jump to ContentJump to Main Navigation
The Common Law in Two VoicesLanguage, Law, and the Postcolonial Dilemma in Hong Kong$
Users without a subscription are not able to see the full content.

Kwai Hang Ng

Print publication date: 2009

Print ISBN-13: 9780804761642

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804761642.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 13 April 2021

Juridical Formalism and the Mechanism of Legal Rearticulation

Juridical Formalism and the Mechanism of Legal Rearticulation

(p.33) Chapter 2 Juridical Formalism and the Mechanism of Legal Rearticulation
The Common Law in Two Voices
Stanford University Press

This chapter develops the theoretical framework, examining the meaning of the term juridical formalism and why language plays a pivotal role in its implementation. Juridical formalism is defined as courtroom practices that transform everyday disputes into legal problems. To see how legal rationality is worked out in a common law system, the discussion looks at the ways that disputes are adjudicated through the making and remaking of facts in the courtroom. It also reviews the institutionalized linguistic practices that guide and discipline interactions in the courtroom. The use of Cantonese brings about new practices that have not been considered in the standard repertoire of a trial but that have their roots in the everyday life of Hong Kong.

Keywords:   rationality, juridical formalism, courtroom practices, common law, Cantonese

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.